stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)
How later courts described this case
- stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JOHN LEATO; and
LAURINA T. LEATO PLAINTIFFS
v. Civil No. 5:19-cv-05140
HORIZON BANK; and
DOES 1-10, inclusive DEFENDANTS
OPINION AND ORDER
Plaintiffs, John and Laurina Leato, filed this action under the Fair Debt Collection Practices
Act. Plaintiffs proceed pro se and in forma pauperis.
By Order (ECF No. 6) entered on August 6, 2019, Plaintiffs were directed to file an
amended complaint. The amended complaint was to be filed by August 27, 2019. Plaintiffs were
advised that failure to comply with the Order “shall result” in the dismissal of the case.
To date, Plaintiffs have not filed an amended complaint. Plaintiffs have not sought an
extension of time to comply with the Order. No mail has been returned as undeliverable.
The Federal Rules of Civil Procedure specifically contemplate dismissal of a case on the
ground that the plaintiff failed to prosecute or failed to comply with an order of the court. Fed.
R. Civ. P. 41(b); Line v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)(stating that the district
court possesses the power to dismiss sua sponte under Rule 41(b)). Pursuant to Rule 41(b), a
district court has the power to dismiss an action based on “the plaintiff’s failure to comply with
any court order.” Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986)(emphasis added).
Additionally, Rule 5.5(c)(2) of the Local Rules for the Eastern and Western Districts of Arkansas
requires parties appearing pro se to monitor the case, and to prosecute or defend the action
diligently.
Therefore, pursuant to Rule 41(b), this Complaint should be and hereby is DISMISSED
WITHOUT PREJUDICE based on Plaintiffs’ failure to prosecute this case, their failure to obey
the order of the Court, and their failure to comply with Local Rule 5.5(c)(2). Fed. R. Civ. P.
41(b).
IT IS SO ORDERED this 10th day of September 2019.
/s/P.K. Holmes,
P. K. HOLMES, III
U.S. DISTRICT JUDGE